4 Jul 2012
The amended scheme complies with the requirements of s 48 of the Unit Titles Act 1972 and, given the withdrawal of the objection by the 25th respondent, the court will approve and settle the scheme as annexed to the applicant's memorandum dated 22 June 2012.
23 Mar 2010
The Court holds it has power under s48 to approve a scheme that relates back to the time the relevant damage occurred and can therefore validate prior remedial actions only to the extent those actions conform to the scheme finally approved; accordingly clause 7.2 must be redrafted to reflect that limitation, and clause 12.4 excluding the J J Trust from body corporate meetings and materials is not approved and must be deleted.
4 Aug 2009
Section 48 of the Unit Titles Act 1972 does not empower the Court to impose the kind of direct payment liability on mortgagees sought by clauses 4.4.1 and 4.4.2; the Court approved the remedial scheme but deleted those clauses and any clauses reflecting those terms.